Road Rights and Bicycle Advocacy

When the Cop Says Stop

What do you do when you know your area's bike laws, but the police don't?

bob mionske

Thus, by the time the Deputy decided to stop Tony and Ryan for impeding traffic, it had been well-established in Ohio that cyclists who are traveling at a reasonable speed cannot be cited for impeding traffic. Although the Deputy would later refer to Trotwood v. Selz during his testimony, indicating that he had finally been brought up to speed on Ohio law-by a prosecutor, in all likelihood-it was apparent on the day of the arrests that the Deputy was completely unfamiliar with the law as it applies to bicycles, and in fact, he admitted this in his later testimony:

"Before this case I was not very familiar with bicycles and just the controversy between the bicycle situation and the thing and I've researched it and stuff and, you know, from what I can gather, as long as they are traveling the speed limit and they're not impeding traffic, there's not traffic behind them, then they wouldn't be impeding traffic or if the cars can safely pass them, then they wouldn't be impeding traffic, and in the case of up north of Troutwood [sic] it actually goes to the point that the judge is the one to determine who was-whether or not a bicycle was impeding traffic. So I guess it's a-you would normally just write a ticket and the judge would decide if they was impeding traffic. I don't know."

It's important at this point to note that even at the hearing, after he had done his legal research, the Deputy STILL had the law wrong. In Ohio, it doesn't matter if cyclists "are traveling the speed limit," or "if they're not impeding traffic," or "if the cars can safely pass them." Not one of those conditions the Deputy addressed is the law in Ohio-in fact, the entire point of the Trotwood v. Selz case, and subsequent changes to the Ohio code, is that the conditions the Deputy cites have no bearing in any case of a cyclist or cyclists impeding traffic. The only legal metric is whether the rider(s) is/are traveling at a reasonable speed for a cyclist.

Back on the night of Ryan's booking, Tony says that the Deputy informed Ryan's parents that he didn't know what he was going to charge Ryan with, but he had to charge him with something, so he sat down with a copy of the code book and looked for the appropriate statute. For the next 30 minutes, the Deputy searched for something to charge Ryan with, but couldn't find anything.